Samuel Pheasant v. Warden Antonelli
Samuel Pheasant v. Warden Antonelli
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-7783
SAMUEL EDDIE PHEASANT,
Petitioner - Appellant,
v.
WARDEN ANTONELLI, FCI Williamsburg,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Greenville. J. Michelle Childs, District Judge. (6:18-cv-01516-JMC)
Submitted: May 20, 2021 Decided: May 24, 2021
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Samuel Eddie Pheasant, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Samuel Eddie Pheasant, a federal prisoner, appeals the district court’s order
accepting the magistrate judge’s recommendation and denying relief on Pheasant’s
28 U.S.C. § 2241petition in which he sought to challenge his convictions by way of the
savings clause in
28 U.S.C. § 2255. Pursuant to § 2255(e), a prisoner may challenge his
convictions in a traditional writ of habeas corpus under § 2241 if a § 2255 motion would
be inadequate or ineffective to test the legality of his detention. Here, the district court
correctly determined that Pheasant may not challenge the validity of his convictions
through a § 2241 petition, as the conduct for which he was convicted remains criminal.
See In re Jones,
226 F.3d 328, 333-34 (4th Cir. 2000). Accordingly, we deny Pheasant’s
motion for appointment of counsel, and we affirm for the reasons stated by the district
court. Pheasant v. Antonelli, No. 6:18-cv-01516-JMC (D.S.C Nov. 19, 2020). We
dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid the decisional
process.
AFFIRMED
2
Reference
- Status
- Unpublished